How Long Do You Have to File a Mechanics Lien? A Step-by-Step Guide

Introduction

Mechanics liens can be complex and therefore difficult to maneuver through because of the rules and regulations that vary from state to state. However, by providing a simple guide that includes how to file a mechanics lien and the deadlines involved, it can give you the important information needed to protect your payment in case anything were to go wrong on your construction project. Otherwise you could end up dealing with delays and losing your payment.

Understand Mechanics Liens and Their Importance

Contractors who have worked on construction projects need to know how to manage Mechanics liens claims to get paid for their work. Our Mechanics lien guide for Mechanics lien claimants describes the process of managing Mechanics liens claims on construction projects. Construction claims processes can be confusing for even the most experienced of contractors, especially those new to the construction industry. Below are some of the steps that claimants need to follow in order to get paid on construction projects.

• Purpose: A mechanics lien or mechanics claim is to secure a contractor’s payment for work performed and/or materials supplied in a construction or renovation project.
• Who Can Submit: A claim can be submitted by a contractor, subcontractor, laborer or a supplier of materials who has performed work or supplied materials on a project and not received payment for their efforts.
• Legal Standing: Claims affect property owners in significant ways. The claims can prevent property owners from selling assets or from refinancing a mortgage on a property until the claim has been satisfied. Thus, the construction claims of contractors, subcontractors, laborers and suppliers of materials are very important to the financial well being of such individuals. These individuals need to defend their claims and protect their financial interests.
• Who Can File a Mechanics Lien: Contractors, subcontractors, laborers and suppliers of materials perform services or provide materials for construction projects and can file a mechanics lien for work done on a project and not get paid. The mechanics lien allows all of the parties involved in a construction project to be able to file for services performed or materials supplied to a project.
• Legal Standing: While a contractor’s claim can be very important in helping the contractor to get paid for work done, claims can also affect a property owner’s ability to sell assets or to refinance a mortgage on property until the claim is satisfied. This is why construction claims are so very important to the financial well being of a contractor.

Summary of time to file a mechanics lien by state. Also, in this article we discuss how mechanics liens in North Carolina work after major changes in the statutes went into effect on March 1, 2022. We also discuss enforcement of construction contract waivers and collection of attorneys’ fees enforcing mechanics liens.

Statistical data has revealed that only 36.4% of new construction companies are expected to last five years or more. In order to protect one’s financial interests by securing payment of contract work as soon as possible, filing a claim and serving a notice of nonpayment on the Contractor and the Contractor’s surety is critical.

In addition to learning about notices of nonpayment, serving a notice on a contractor and contractor’s surety can be powerful in the claim process and in trying to protect your financial well being as a contractor and recover from financial losses. For example, an Iowa demolition contractor is involved in a lawsuit to determine whether or not the contractor’s mechanics lien claim will be paid prior to a prior recorded mortgage on a piece of property. In another example, subcontractors have filed millions of dollars in mechanics lien claims on several nuclear projects in South Carolina and Georgia to try to collect their portion of a $5.5 million contract deficit on the projects after Westinghouse filed bankruptcy.

Knowing how to manage your Mechanics lien claims is an important part to getting paid on your construction contracts. By knowing the basics of construction claims you can protect yourself in the construction industry.

Identify Filing Deadlines by State

Deadlines for submitting claims in construction can sometimes be unclear, but it is key to know how long you have to file a mechanics lien to protect your interests. We have set out below a summary of typical time frames for submitting mechanics liens and other construction claims in a number of states.

• California: 90 days after completion of work for mechanics liens. 60 days after recording of a Notice of Completion for mechanics liens.
• Texas: The time period for filing a mechanics lien claim by contractors is 90 days after the date of the last work or material delivery. If a Notice of Completion is recorded on a project then contractors only have 30 days from the date of the recording of the Notice of Completion to file their construction claim.
• Florida: Construction liens required to be filed by contractors, subcontractors and suppliers performing work on construction projects must be filed by the claimant within 90 days after the last date of labor or material provided for the claimant on the construction project. Many adverse consequences result to a claimant who files a late construction lien and thus, a thorough knowledge of how to file mechanics liens as well as the other aspects of construction lien laws and mechanics lien time frames is crucial to the claimant. This is best accomplished with the aid of an experienced construction attorney who is familiar with all of the construction lien filing requirements and who can be of assistance in all facets of the claimant’s mechanics lien claim.
• New York: Mechanics lien claims for residential projects must be enforced within an 8 month time frame, and for commercial projects within a 4 month time frame.
• North Carolina: 120 days from the last date of work on a project.

There are also time limitations on how long one can file a mechanics lien in construction. Again, these time limitations vary from state to state, but knowing these time limitations and acting promptly within these time limitations is key to protecting your rights in a claim. There are many construction law attorneys that are familiar with the construction lien laws for each state. You should consult with a qualified construction law attorney to protect your rights.

Follow the Step-by-Step Filing Process

Step by step mechanics lien process - Late Payment Problems Stress!

While focusing on your financial woes, the mechanics lien process can be difficult. First you need to know the information to satisfy your claim to a property. This information can include the property owner's name as well as the claim amount.

Next, complete a mechanics lien claim form for the appropriate state where the property is located. When completing the claim form make sure to fill out all of the required information for the form.

The supporting documentation for your mechanics lien claim should include signed contracts as well as detailed invoices that express the extent of work performed. Your claim form and supporting documentation will then need to be sent to the proper county recorder's office. The fee to file your mechanics lien claim will typically need to be paid when submitted.

Each state has its own mechanics lien laws. Because of this, your claim may also need to be sent to the property owner as well as other parties with an interest in the property.

Make sure to keep a copy of all of the submitted documents as well as any subsequent correspondence relating to your lien claim. These will be good to have if you decide to enforce your lien claim.

I can assist with your mechanics lien claim.

Troubleshoot Common Filing Issues

Trouble filing a mechanics lien claim? Common Mechanics Lien Claim Problems? Don’t worry, you’re not alone. In this article, we go over the ways to fix mechanics lien filing errors, Mechanics Lien Claim Errors, as well as provide guidance on troubleshooting Mechanics Lien filing problems with your Mechanics Lien claim and notices including the Mechanics Lien amount that you claimed.

• Missed Deadlines: The worst for any contractor is when they realize that they have missed a submission deadline. All is not lost, though. Some states allow for an extension on submission for certain items, so check your state’s laws for these circumstances. Even after the statutory time for filing a mechanics lien claim has expired, a claimant can amend a mechanics lien claim and still retain their rights if they can prove good cause for their late filing. It is always best to act as quickly as possible in these cases, however.
• Forms Not Being Completely or Correctly Funded: Make sure that all required fields on the mechanics lien or bond claim form are filled out in full. This includes making sure that spelling is correct. Even minor errors on the form can cause your claim to be rejected. It is very important to make sure that all forms that you send are filed correctly the first time and that you make sure to correct and refile any forms that are returned as being filed incorrectly.
• Lien Service Problems: Many mechanics liens become invalid due to incorrect service. Ensure that proper service is rendered to all necessary parties in your state, as required by each state for the service of a mechanics lien notice. Failure to properly serve a notice of a mechanics lien will render the entire mechanics lien claim invalid.
• Mechanics Lien Amounts Disputed By Property Owner: If there is a dispute to the lien amounts asserted in a mechanics lien claim by a property owner, the claimant must be able to establish in a lawsuit that the amount asserted in the mechanics lien was correct by presenting evidence including contract documents and each invoice sent to the general contractor on the project for which the mechanics lien was asserted, establishing the scope of work for which the invoices were for and payment terms for payment for the work, which, for example, could be due upon receipt of payment (SOLREM), within 30 days (net 30), etc.
• Lien Challenges: There are instances where the processes of collecting a claim are challenging and it is best for the construction provider to hire an expert in the construction claims enforcement process.
• Initial Notifications are Important: If you haven’t already sent an initial notice regarding your participation in a construction project, be sure to send it as soon as possible. Many states have enacted statutes which require a subcontractor to provide initial notice to preserve their right to a mechanics lien for work that he or she has performed on a construction project. Failure to provide the required initial notice prevents a mechanics lien claimant from filing a mechanics lien on a subsequent project for work that he or she performed on a prior project on that property.

Knowing the common Mechanics Lien Problems and Mechanics Lien issues can ensure a perfectly successful Mechanics Lien Claim.

Conclusion

In construction, getting paid can be very complicated and stressful for many contractors. This construction guide explains how to file a mechanics lien as well as why it is so important to file a lien on time in order to protect your payment and enforce your mechanics lien claim.

Each state has its own particular rules for mechanics liens, including specific filing deadlines and requirements. We know that claims and liens can be very frustrating, anxiety-provoking and even fear-provoking. But you are not alone.

In short, know what to do and protect your financial stability and your livelihood or face the uncertainty of it all. A construction attorney will inform you of the laws applicable to your situation and work hard to get fair compensation for your work.

Frequently Asked Questions

What is the purpose of a mechanics lien?

The purpose of a mechanics lien is to secure a contractor’s payment for work performed and/or materials supplied in a construction or renovation project.

Who can submit a mechanics lien claim?

A mechanics lien claim can be submitted by contractors, subcontractors, laborers, or suppliers of materials who have performed work or supplied materials on a project and have not received payment.

How do mechanics liens affect property owners?

Mechanics liens can prevent property owners from selling assets or refinancing a mortgage on a property until the claim has been satisfied, impacting their financial well-being.

What are the steps to manage mechanics lien claims?

To manage mechanics lien claims, claimants need to file a claim, serve a notice of nonpayment on the contractor and the contractor’s surety, and understand the legal implications of their claims.

What changes occurred in North Carolina regarding mechanics liens?

Major changes in the statutes regarding mechanics liens in North Carolina went into effect on March 1, 2022, affecting how these claims are filed and enforced.

Why is it important for contractors to file a mechanics lien promptly?

Filing a mechanics lien promptly is critical for protecting financial interests and securing payment for contract work, especially given that only 36.4% of new construction companies are expected to last five years or more.

Can serving a notice of nonpayment help in the claim process?

Yes, serving a notice of nonpayment on a contractor and the contractor’s surety can be powerful in the claim process and help protect a contractor's financial well-being.

What are some examples of mechanics lien claims in action?

An example includes an Iowa demolition contractor involved in a lawsuit regarding the payment of a mechanics lien claim prior to a recorded mortgage, and subcontractors filing millions in mechanics lien claims on nuclear projects in South Carolina and Georgia after a contractor's bankruptcy.

List of Sources

1. Understand Mechanics Liens and Their Importance
   • Lien Law Update: Millions of Dollars of Mechanics Liens Filed on Major Projects (https://mechanicslien.com/blog/lien-law-update-millions-dollars-mechanics-liens-filed-major-projects)
   • Mechanics Lien Importance Highlighted By Failure Rates (https://levelset.com/blog/mechanics-lien-importance-highlighted-by-contractor-failure-rates)
   • The Importance of Mechanic’s Liens - FTI (https://faithtechinc.com/news-and-insights/blog/the-importance-of-mechanics-liens)
   • Florida Enacts Changes to Construction Lien Law | The Construction Corridor | Insights & Events | Bilzin Sumberg (https://bilzin.com/we-think-big/insights/publications/2023/06/florida-enacts-changes-to-construction-lien-law)
   • Recent changes to NC’s lien statutes—what does it mean for you? (https://jessonrainslaw.com/news--blog/recent-changes-to-ncs-lien-statutes-what-does-it-mean-for-you)
2. Identify Filing Deadlines by State
   • Filing Mechanic’s Liens in Florida (https://bbdglaw.com/filing-mechanics-liens-in-florida)
   • The Clock is Ticking: Key Mechanics Lien Deadlines Every Contractor Must Know (https://socalconstructionlaw.com/the-clock-is-ticking-key-mechanics-lien-deadlines-every-contractor-must-know)
   • Florida Mechanics Lien FAQs (https://levelset.com/mechanics-lien/florida-lien-law-faqs)
   • Mechanics Lien Timing by State (2026): Notice, Filing & Foreclosure Windows (https://terrapincg.com/news/mechanics-lien-timing-by-state-2026)
   • Seyfarth’s 2025 50-State Lien Law Notice Requirements Guide (https://seyfarth.com/news-insights/seyfarths-2025-50-state-lien-law-notice-requirements-guide.html)
3. Follow the Step-by-Step Filing Process
   • Filing Mechanic’s Liens in Florida (https://bbdglaw.com/filing-mechanics-liens-in-florida)
   • The Importance of Mechanic’s Liens - FTI (https://faithtechinc.com/news-and-insights/blog/the-importance-of-mechanics-liens)
   • The Definitive Guide to Mechanic’s Liens in California - The Mellor Law Firm, APLC (https://mellorlawfirm.com/legal-news/construction-law-news/the-definitive-guide-to-mechanics-liens-in-california)
   • Notice of Mechanics’ Lien Filing? Take These Five Steps | Gordon Feinblatt LLC (https://gfrlaw.com/what-we-do/insights/notice-mechanics-lien-filing-take-these-five-steps)
4. Troubleshoot Common Filing Issues
   • RCAT Blog: Liens, Bonds, and Changes to Texas Law: What Contractors Need to Know with J.P. Vogel (https://web.rcat.net/External/WCPages/WCNews/NewsArticleDisplay.aspx?ArticleID=80)
   • Common Mistakes that Render a Construction or Mechanics’ Lien Invalid – Lasher (https://lasher.com/common-mistakes-that-render-a-construction-or-mechanics-lien-invalid)
   • Common Mistakes When Filing a Mechanic’s Lien (https://cnslien.com/2021/08/20/mechanics-lien-filing-mistakes)
   • Construction Payments And Mechanics Liens: When To Be Concerned And What To Do? (https://lcwlegal.com/news/construction-payments-and-mechanics-liens-when-to-be-concerned-and-what-to-do)